Divorce Mediation Update: What the Future Should Hold

Since January of 2002, our Supreme Court has conducted a divorce mediation pilot program in seven counties. As stated in Appendix XIX to the Rules of Court, incorporating Rule 1:40 by reference, the pilot is now limited to post-Matrimonial Early Settlement Panel cases, unless the parties specifically request earlier referral. This article compares and contrasts…

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Ethics for Mediation Professionals: What Are the Rules of the New Road?

Introduction Mediation, whether court-connected, court-referred, or purely private, involves facilitated negotiations by a third party neutral. The neutral’s goal is to assist disputing parties in reaching voluntary, fully informed, and mutually accepted results. Mediation attendance may be voluntary or court-mandated. However, the outcome is binding only if the parties reach agreement and incorporate their settlement…

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Fully Integrated MDP is Good for Lawyers

Introduction The New Jersey Supreme Court, which defines and regulates legal practice in our state, has repeatedly determined (including through its Committees on Unauthorized Practice, Professional Ethics, and Attorney Advertising) that the purpose of regulation is public protection, not economic protectionism. In my view, consumer protection is the best and only real argument for regulation…

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